An Empirical Study On The Dissolution Of Corporate Judicial Dissolution

The company's judicial dissolution system is the last line of defense to solve the corporate deadlock,the essence of the system is to resolve conflicts and conflicts between shareholders or directors of the company through the intervention of judicial power.When the "Company Law of the People's Republic of China"(hereinafter referred to as the "Company Law")was amended in 2005,the company's judicial dissolution system was established,subsequent to the introduction of the Supreme People's Court's provisions on the application of the "Company Law of the People's Republic of China"(?)(hereinafter referred to as "The Judicial Interpretation of the Company Law(?)),the system was elaborated,however,many problems still need to be solved in practice.Solving the problems that arise in practice should be based on the judicial practice in our country,answer these questions with scientific data and real-life examples.This article adopts an empirical research method,selected 200 cases from June 1,2016 to May 31,2017,covers 4 municipalities,5 autonomous regions,22 provinces.After analyzing it,plot the resulting data as a chart,in addition,we have a full understanding of the entire picture of judicial dissolution trials across the country.More importantly,through the above chart,we can find out more directly the problems existing in the corporate judicial dissolution system in practice.The author mainly from the "severe difficulties in the management of the company","existence will continue to cause significant losses to shareholders" and"can not be resolved through other means" these three aspects of empirical analysis.From this,it can be found that at present,the issue of company judicial dissolving lawsuits is mainly focused on "cannot be solved through other means." Therefore,by analyzing foreign legislation on the dissolution of the company's judicial,such as the order purchase system,the shareholder delisting system,etc,looking for lessons that can be learned from these systems,combined with our country's specific national conditions,the author believes that China needs to improve the existing system and increase the alternative solution to the company's judicial dissolution,such as improving the equity purchase system,shareholders' right to delist,non-judicial mediation and arbitration system.Through the company's judicial dissolution system put forward relevant recommendations,combine theory with practice to better improve the corporate governance system.